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A defendant shall be punished by imprisonment for a period of two months.
Reasons
Punishment of the crime
[criminal power] On February 7, 2013, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. on September 5, 2013, and was revoked on September 5, 2013. On December 11, 2013, the Defendant was sentenced to two years of imprisonment with prison labor for larceny, etc., and the execution of the final sentence on November 14, 2017.
In addition, on May 2, 2019, the Defendant was sentenced to four months of imprisonment with prison labor for the illegal use of automobiles in the Gwangju District Court's Maritime Branch, and the judgment was finalized on May 10, 2019.
【Criminal Facts】
1. On March 9, 2019, the Defendant illegally used a motor vehicle: (a) around 15:00, at the end of the residence of the injured party C located in Ydo-gun B; (b) opened a driver’s seat of the D Truck owned by the injured party; and (c) used the key inside the vehicle, she walked the train at the time of the said cargo vehicle; and (d) driven the said cargo to the front road located in Ydo-gun E.
Accordingly, the defendant used the cargo vehicle owned by the victim temporarily without the consent of the victim.
2. Around 15:00 on March 9, 2019, the Defendant driven a D truck without obtaining a driver’s license from a distance of about 1.5 km from the front of the residence of the injured party C in Hado-gun B to the front of the road located in Hado-gun E, Jeonnam-do-gun.
Summary of Evidence
1. Defendant's legal statement;
1. A written statement prepared by C;
1. A report on investigation (the sequence 6 of evidence list);
1. Registers of driver's licenses;
1. On-site photographs;
1. Previous records of judgment: Criminal records and other inquiries, investigation reports (report on confirmation of criminal records of repeated crime of a suspect), two copies of judgment, one copy of personal confinement status, investigation reports (report on confirmation during confinement of a suspect), and one copy of judgment shall apply;
1. Relevant legal provisions concerning facts constituting an offense, and Articles 331-2 (Unlawful Use of Motor Vehicles and Selection of Imprisonment), 152 subparagraph 1 and 43 (Unlicensed Driving and Selection of Imprisonment) of the Road Traffic Act;
1. Article 35 of the Criminal Act among repeated crimes;
1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;